F1PART 57F2PROBATE AND INHERITANCE

Annotations:
Amendments (Textual)

SECTION I—PROBATE CLAIMS

Acknowledgment of service and defence57.4

1

A defendant who is served with a claim form must file an acknowledgment of service.

2

Subject to paragraph (3), the period for filing an acknowledgment of service is—

a

if the defendant is served with a claim form which states that particulars of claim are to follow, 28 days after service of the particulars of claim; and

b

in any other case, 28 days after service of the claim form.

3

If the claim form is served out of the jurisdiction under rule F36.32 or 6.33, the period for filing an acknowledgment of service is 14 days longer than the relevant period specified in rule F46.35 or F5Practice Direction B supplementing Part 6.

4

Rule 15(4) (which provides the period for filing a defence) applies as if the words “under Part 10” were omitted from rule 15.4(1)(b).